Landlord Responsibilities For Repairing Florida Dwellings
If you are a landlord and enter into a contract with a tenant to rent your dwelling, both you and the tenant have certain responsibilities you must uphold in order for the contract to exist unbroken. One of a landlord’s major duties is to ‘upkeep’ the residence, including heat or air conditioning if it is present. However, there are many other parts of a dwelling that a landlord must maintain in a habitable state – failure to do so may give a tenant enough cause to break a lease without paying the remainder of their rent.
The Law Is Clear
The relevant statute in Florida is fairly explicit in discussing what a landlord must do when it comes to residential tenancies in order to keep the property in a habitable state. The most important parts include:
- Ensuring that the dwelling is up to all building codes – or if none cover the property specifically, to make sure that the ”roof, stairs, windows, floors” and other structural parts of the residence are in good repair;
- Exterminating all pests, such as rats or cockroaches;
- Handling garbage removal;
- Providing sufficient security, such as working locks and keys; and
- Installing and maintaining working smoke detectors, among other requirements.
While landlords are not required to provide air conditioning in Florida, they are required to maintain it appropriately if it is present in the residence. Failing to do so can be grounds for a tenant to file a complaint.
Disagreements Can Lead To Legal Action
Despite the law being fairly clear as to the responsibilities of both landlords and tenants, disagreements do arise as to whether a landlord is required to fix something in the dwelling or not. When this happens, a tenant has the right to seek redress from ‘the local code enforcement agency or building department,’ asking for an inspection, which can provide a legal requirement to force the repair.
If, for some reason, you ignore the directive of the building department or enforcement agency, or your tenant does not involve them, the next step is likely to be a notice of noncompliance. You do have the right to initiate eviction proceedings if a tenant is withholding rent or otherwise acting in violation of the lease contract – but sometimes, doing this may be more trouble than it is worth. It is almost always better to try and work out the issue with your tenant before it escalates to legal action.
Contact A Tampa Landlord-Tenant Attorney
The best landlord-tenant relationships are formed under a policy of mutual cooperation. If there is a repair issue, it is best to try and work it out with your tenant – but if you cannot, a Tampa landlord-tenant attorney from the Seward Law Office may be able to help. Contact our office today to schedule a consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.51.html
